Court clears way for anti-competition case

By PETER GRIFFIN

Telecom has lost a Court of Appeal case that would have forced the Commerce Commission to reveal more information in its long-running case against the telco.

The judgment, which relates to commission claims that Telecom used the 0867 prefix scheme to stifle competition from other telcos and internet companies, clears the way for the main court action to proceed.

Telecom was also ordered to pay the commission $5000 in costs.

"The judge was right to refuse detailed particulars sought," Justice Thomas Gault said of the previous High Court decision not to issue extra information to Telecom.

The commission said last year that it would pursue Telecom for imposing payment conditions on competitors using Telecom's network.

Commission lawyer Peter Taylor said Telecom "wanted us to give details of how a competitive company would act in these types of circumstances. The Court of Appeal has said that's something we don't have to do."

The commission now had to prove that Telecom used its dominant position in the market to act anti-competitively, he said.

But Telecom may still take the matter to the Privy Council. Spokesman Martin Freeth said the company was considering its options.